Case Note & Summary
The case involved an appeal by the appellant against the Indian Bank, which arose from a judgment of the Bombay High Court. The High Court had dismissed the appellant's writ petition due to his failure to deposit Rs.80 lakhs as a condition for hearing his appeal before the Debts Recovery Appellate Tribunal. The appellant subsequently deposited the required amount, prompting him to seek restoration of his appeal. The core legal issue was whether the delay in depositing the amount could be condoned and if the appeal could be restored. The court analyzed the circumstances surrounding the delay and determined that since the full amount had been deposited, it was appropriate to condone the delay. Consequently, the court ordered the restoration of the appeal to its original number for expeditious hearing. The final decision was to dispose of the appeal with the observations made regarding the restoration and hearing of the case.
Headnote
A) Civil Procedure - Restoration of Appeal - Condonation of Delay - Civil Appeal No. 1642 of 2011 - The appellant's appeal was dismissed for failure to deposit Rs.80 lakhs within the stipulated time. The court found that the entire amount had now been deposited and deemed it appropriate to restore the appeal for expeditious hearing by the Tribunal - Held that the delay in depositing the amount is condoned and the appeal is restored (Paras Not mentioned).
Issue of Consideration
Whether the delay in depositing the required amount can be condoned and the appeal restored.
Final Decision
The Supreme Court condoned the delay in depositing the amount and restored the appeal for expeditious hearing by the Tribunal.
Law Points
- Restoration of appeal
- Condonation of delay
- Deposit requirement
